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IN THE COURT OF VIth ADDL. CIVIL JUDGE (S.D.

) AGRA
Suit No.435 of 2014

Shri Vijay Singh and others -----------------------------Plaintiffs

Versus

Shri Vijay Kumar Jaiswal and others -----------------------Defendants

Application for Amendment under Order VI Rule 17 C.P.C. Read with


Section 151 C.P.C.

Sir,

In the above suit due to some inadvertent mistake the site plan filed
by the plaintiff could not be filed correctly and have some mistake as per
the correct position of the property in suit and also could not mention the
details of the property in suit.

The plaintiffs are filing the correct site plan alongwith this amendment
application which shows the actual position of the property in suit and also
sought to mention the details of the property in suit in the plaint. In the
circumstances the plaint may be amended to bring the real controversy
before the court to decide the present suit effectively which is as
follows :-

1. That the previous site plan filed by the plaintiffs with the plaint may
be replaced by new site plan filed by the plaintiffs with the amendment
application and the new site plan may be annexed with the plaint in place of
old site plan.

2. That in para No.2 and 11 of the plaint in last the following sentence
may be added as follows :-

“ which are shown by letters ABCDEFGHIJKLMNOP and also by Red colour


in the Map annexed with the plaint.”

3. That in para No.12 of the plaint in the fifth line after the word Red
colour the following sentence may be added :-

“ and also shown by letters ABCDEFGHIJKLMNOP”


-2-

4. That in the prayer clause in prayer C) at page oNo.16 of the plaint


after the word Red colour the following sentence may be added :-

“ and also shown by letters ABCDEFGHIJKLMNOP”

5. That after the end of prayer clause No.E) the Details of the property
in suit may be inscribed as follows :-

“ DETAILS OF THE PROPERTY IN SUIT

Khasra plot No.2158, having an area of 4 Beegha, situated at Mauja


Naraich, Tehsil and District Agra shown by letters ABCDEFGHIJKLMNOP
and also by Red Colour in the map annexed with the plaint.”

6. That no other consequential amendment is required to be


incorporated in the plain.

7. That the proposed amendment is necessary to bring the real


controversy in between the parties and also will not change the nature of
the suit.

PRAYER

It is therefore most humbly prayed that the Hon’ble court be pleased to


allow the aforesaid amendment application of the plaintiffs and permit them
to incorporate the same in the plaint in the interest of the justice.

VERIFICATION :-
It is verified that the contents of
the above amendment application Plaintiff No.1/1
are true to my personal knowledge
Signed and verified at Agra
on _______________
Through :-
(Advocate)
IN THE COURT OF VIth ADDL. CIVIL JUDGE (S.D.) AGRA
Suit No.435 of 2014

Shri Vijay Singh and others -----------------------------Plaintiffs

Versus

Shri Vijay Kumar Jaiswal and others -----------------------Defendants

Affidavit of Shri Ajay Kumar, son of Late Shri Vijay Singh

Resident of Nagla Rambal, Mauja Naraich, Tehsil

Etmadpur, District Agra, aged about ______Years.

The deponent above named solemnly affirms on oath and states as follows :-

1. That the deponent is the plaintiff No.1/1 in the above suit and as such is
well acquainted with the facts deposed to hereunder.

2. That in the above suit due to some inadvertent mistake the site plan filed
by the plaintiff could not be filed correctly and have some mistake as per the
correct position of the property in suit and also could not mention the details of
the property in suit.

3. That the plaintiffs are filing the correct site plan alongwith this amendment
application which shows the actual position of the property in suit and also
sought to mention the details of the property in suit in the plaint. In the
circumstances the plaint may be ordered to be amended to bring the real
controversy before the court to decide the present suit effectively as prayed in
the amendment application.

4. That the proposed amendment is necessary to bring the real controversy


in between the parties and also will not change the nature of the suit.

5. That it is verified that the contents of para No.1 to 4 above are true to my
personal knowledge.

Signed and verified at Agra on _____________

Deponent

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